MONTGOMERY, Ala. — A federal judge has ruled that Alabama Attorney General Steve Marshall cannot prosecute individuals or organizations for aiding women in traveling out of state to obtain abortions where the procedure is legal.
The decision, issued by U.S. District Judge Myron Thompson, came after advocacy groups challenged Marshall’s interpretation of Alabama’s conspiracy laws. Marshall had suggested that helping women leave the state for abortions could be criminally actionable. The judge found that such prosecutions would violate constitutional protections, including the right to interstate travel and free speech.
Thompson’s ruling emphasized that Alabama’s jurisdiction does not extend beyond its borders and that states cannot criminalize lawful conduct occurring elsewhere. The decision is a significant victory for abortion rights groups like the Yellowhammer Fund, which had paused its financial assistance program due to legal threats.
Alabama has one of the strictest abortion bans in the country, prohibiting nearly all abortions except in cases of serious health risks to the mother. While the ban remains in effect, Thompson’s ruling ensures that efforts to assist women seeking care outside the state cannot be penalized.
Marshall’s office has not yet indicated whether it will appeal the ruling.